- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court allowing the writ petition filed by the respondent and holding her to be entitled to grant of family pension as per the provisions of State Bank of Patiala (Employees) Pension Regulations, 1995 (in short the 'Regulations'). Background facts in a nutshell are as follows: Late Jai Singh, father of the respondent joined service in the appellant-Bank on 19.11.1985. Few months after i.e. on 4.6.1986 he was killed while on duty. On 11.9.1986 and 1.10.1986 Jai Singh's widow Smt. Birmati-mother of the respondent was paid gratuity and provident fund of late Jai Singh. On 29.12.1986 the aforesaid Smt. Birmati was given appointment in the appellant-Bank as Record Keeper-cum- Godown Keeper on compassionate grounds. On 23.3.1996 in exercise of power conferred by sub-Section (1) of Clause (O) of sub-Section (2) of Section 63 of the State Bank of India (Subsidiary Banks) Act, 1959 (in short the 'Act') the Regulations were framed. The Regulations provide for establishment and maintenance of pension funds for the benefit of the employees of the State Bank of Patiala. The regulations were published in the Official Gazette on 23.3.1996 and were operative w.e.f. 29.9.1995. On 12.8.2003 respondent attained majority. On 16.9.2003 she applied for family pension of late Jai Singh. On 1.10.2003 the appellant-Bank rejected the claim for family pension on several grounds; (i) the family pension was payable to the widow till the death or her re-marriage and (ii) the option for pension was required to be made by eligible dependent of the deceased employee within 120 days from the notified date i.e. on or before 20.7.1996. Another representation was made on 28.10.2003. Again on 11.11.2003 the claim was rejected stating that since her mother was alive only she was eligible for grant of family pension provided she had completed the required formalities within the prescribed period.
(3.) A writ petition was filed for a direction to the appellant- Bank to give family pension to the respondent. The Division Bench, as noted above, allowed the writ petition holding that family pension was illegally denied to her.;